Reverse countdown begins in Shiv Sena disqualification case

Mumbai: Nearly one-and-a-half-years after the Balasaheb Thackeray-founded Shiv Sena split changing the course of Maharashtra politics, the reverse countdown has begun which would decide the fate of the warring factions led by Uddhav Thackeray and Eknath Shinde. Needless to say, both sides are hopeful of being ultimately victorious.

Maharashtra Legislative Assembly Speaker Rahul Narwekar, who as the head of a tribunal, conducted the hearings on disqualification pleas of both the sides, is expected to deliver the operative order post-noon — a verdict which would be very important in India’s legislative affairs in the future.

The Supreme Court had last year fixed January 10, 2024, as the deadline for the verdict.

Ahead of the verdict, tension is mounting in the ruling Maha Yuti and opposition Maha Vikas Aghadi camps.

However, both the Shinde-led Shiv Sena and Thackeray-headed Shiv Sena (UBT), have armed themselves with necessary documentation, so as to move the Supreme Court if necessary.

Narwekar had conducted over 20 detailed and lengthy hearings in Vidhan Bhavan complexes in Mumbai and Nagpur, all based on the 34 petitions filed by both the camps.

Both sides have separately submitted a total of 2.5 lakh pages of documents.

However, on the eve of the verdict Thackeray and his team raked up the issue of Narwekar having two meetings with Shinde.

“What justice can we expect from him tomorrow — not once but twice, the Speaker held meetings with the Chief Minister. I was also the Chief Minister. In case the Speaker wants to meet the Chief Minister, the latter goes and meets not the other way round. Here, the Speaker goes to the Chief Minister and holds meetings,” Thackeray said a day after the Shiv Sena (UBT) filed an affidavit in the Supreme Court.

“The Speaker is acting as a tribunal. How can the judge in any case meet one of the parties before the verdict. Under the Tenth Schedule, the Speaker, as adjudicating authority must act in a fair and impartial manner,” asserted Shiv Sena (UBT) MLC Anil Parab.

“How can the Speaker who decides on the illegal Chief Minister, meet him,” asked the Worli MLA, Aaditya Thackeray.

Ahead of the verdict, Shiv Sena leader Sandipan Bhumre, who is close to Shinde, said: “We are not worried. We will accept what the Speaker says. We are confident.”

It may be mentioned that in the May 11, 2023, order, the Supreme Court bench headed by Chief Justice D Y Chandrachud said: "There are no extraordinary circumstances in the instant case that warrant the exercise of jurisdiction by this Court to adjudicate disqualification petitions. The Speaker must decide disqualification petitions within a reasonable period."

The bench had asked the Speaker to recognize the “Whip” and the “Leader”, who are duly authorised by the Shiv Sena political party with reference to the provisions of the party constitution.

“The Speaker would prima facie determine who the political party is for the purpose of adjudicating disqualification petitions under Paragraph 2(1) of the Tenth Schedule, where two or more factions claim to be that political party,” the apex court had observed.